February 22, 2001
HOUSE BILL No. 1195
_____
DIGEST OF HB 1195
(Updated February 21, 2001 3:33 PM - DI 75)
Citations Affected: IC 3-5; IC 3-6; IC 3-7; IC 3-8; IC 3-9; IC 3-10;
IC 3-11; IC 3-12; IC 3-13.
Synopsis: Various election law matters. Makes the following changes
in election law: (1) Provides that a person is not disqualified from
serving as a precinct election official because the person is related to
a candidate in that precinct, if the candidate is unopposed. (2)
Establishes deadlines for candidate challenges. (3) Specifies when a
candidate's committee statement of organization is to be filed. (4)
Specifies that write-in candidates are required to file all campaign
finance reports. (5) Revises language regarding ballot card colors. (6)
Resolves a conflict in statutes regarding public access to election
materials. (7) Requires an individual registering to vote to provide the
last four digits of the individual's Social Security Number, the
individual's driver's license number, or the individual's state issued
identification card number. Requires precinct election officials to
request of each voter at the polls the voter's Social Security Number,
the voter's driver's license number, or the voter's state issued
identification card number. Provides that a voter is not required to
provide any of these identification numbers at the polls. (8) Makes
technical changes. (The introduced version of this bill was prepared by
the census data advisory committee.)
Effective: July 1, 2001.
Kromkowski, Richardson
January 9, 2001, read first time and referred to Committee on Elections and
Apportionment.
February 21, 2001, amended, reported _ Do Pass.
February 22, 2001
First Regular Session 112th General Assembly (2001)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2000 General Assembly.
HOUSE BILL No. 1195
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-5-2-50.1; (01)HB1195.1.1. -->
SECTION 1. IC 3-5-2-50.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 50.1. "Voter identification number" refers to any of
the following numbers chosen by a voter:
(1) The last four (4) digits of the voter's Social Security
number.
(2) The voter's driver's license number issued under
IC 9-24-11.
(3) The voter's identification card number issued under
IC 9-24-16.
SOURCE: IC 3-6-6-7; (01)HB1195.1.2. -->
SECTION 2. IC 3-6-6-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 7. (a) An otherwise qualified person
is eligible to serve as a precinct election officer unless
the person: any
of the following apply:
(1)
The person is unable to read, write, and speak the English
language.
(2)
The person has any property bet or wagered on the result of
the election.
(3) The person is a candidate to be voted for at the election,
except as an unopposed candidate for a precinct committeeman
or state convention delegate. or
(4) The person is the spouse, parent, father-in-law,
mother-in-law, child, son-in-law, daughter-in-law, grandparent,
grandchild, brother, sister, brother-in-law, sister-in-law, uncle,
aunt, nephew, or niece of a candidate or declared write-in
candidate to be voted for at the election except an unopposed
candidate. in that precinct. This subdivision disqualifies a person
whose relationship to the candidate is the result of birth, marriage,
or adoption. This subdivision does not disqualify a person from
serving as a precinct election officer if the candidate to whom
the person is related is an unopposed candidate.
(b) In addition to the requirements of subsection (a), a person is not
eligible to serve as an inspector if the person is the chairman or
treasurer of the committee of a candidate whose name appears on the
ballot.
SOURCE: IC 3-7-26-7; (01)HB1195.1.3. -->
SECTION 3. IC 3-7-26-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 7. The circuit court clerk or board
of registration shall provide the following information in a format
prescribed by the commission for each voter who is registered in the
county:
(1) Name.
(2) Address, in the form of:
(A) a physical address, in a city or town where a street address
is insufficient to provide United States Postal Service delivery;
and
(B) a mailing address, as recognized by the local United States
Postal Service office, including city or town, state, and zip
code;
in separate data fields, according to commission formatting
standards.
(3) Date of birth.
(4) Township.
(5) Ward, if applicable.
(6) Precinct.
(7) State senate district and house of representatives district.
(8) Congressional district.
(9) Gender.
(10) Telephone number, if available.
(11) Voting history for the previous ten (10) year period if
available.
(12) A unique field established for each registered voter, so that
future submissions may be linked and cross-referenced with
previous data submitted by the county.
(13) Date of registration.
(14) Voter identification number.
SOURCE: IC 3-7-31-5; (01)HB1195.1.4. -->
SECTION 4. IC 3-7-31-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 5. The registration forms prescribed
under section 1 of this chapter must:
(1) provide for the residence address and the mailing address of
the individual completing the forms;
(2) contain a statement that a notice of disposition of the person's
registration application will be mailed to the mailing address of
the individual; and
(3) request the Social Security require the applicant to provide
the applicant's voter identification number. of the applicant, as
permitted under the federal Privacy Act of 1974 (5 U.S.C. 552a).
SOURCE: IC 3-8-2-14; (01)HB1195.1.5. -->
SECTION 5. IC 3-8-2-14 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 14. (a)
All questions concerning
This subsection applies to a declaration of candidacy filed with the
secretary of state. A statement questioning the validity of a
declaration of candidacy must be filed with the election division
under IC 3-8-1-2 not later than noon sixty-seven (67) days before
the date of the primary election. A statement questioning the
validity of a declaration
filed with the secretary of state shall be
referred to and determined by the commission in accordance with
the
deadline prescribed by section 18 of this chapter.
(b)
All questions concerning This subsection applies to a
declaration of candidacy filed with a circuit court clerk. A
statement questioning the validity of a declaration must be filed
with the county election board under IC 3-8-1-2 not later than
noon sixty-seven (67) days before the date of the primary election.
A statement questioning the validity of a declaration of candidacy
filed with a circuit court clerk shall be
referred to and determined by
the county election board not later than
the fifty-fourth day noon
fifty-four (54) days before
the date of the primary election.
(c)
A statement questioning the validity of a declaration of intent
to be a write-in candidate must be filed with the election division
or the county election board under IC 3-8-1-2 not later than noon
fourteen (14) days before election day. A question concerning the
validity of a declaration of intent to be a write-in candidate shall be
determined by the commission or the county election board not later
than noon seven (7) days before election day.
SOURCE: IC 3-8-2-18; (01)HB1195.1.6. -->
SECTION 6. IC 3-8-2-18 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 18. (a) The commission shall act
upon a question concerning a declaration of candidacy not later than
the fifty-fourth day noon fifty-four (54) days before the date of the
primary election.
(b) The notice requirements set forth in IC 4-21.5 do not apply to
the meeting conducted by the commission under subsection (a). The
election division is required to give the best possible notice of the
meeting to a person that the election division identifies as an interested
party. Unless a written objection is filed with the election division
before the end of the meeting, appearance in person or by counsel at
the commission's meeting to act under subsection (a) constitutes an
admission that adequate notice of the meeting has been given.
SOURCE: IC 3-8-6-14; (01)HB1195.1.7. -->
SECTION 7. IC 3-8-6-14 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 14. (a) A person may not be
selected as a candidate by petition of nomination without giving written
consent and having it filed with the public official with whom
certificates and petitions of nomination are required to be filed.
(b) Each candidate nominated by petition of nomination must satisfy
all statutory eligibility requirements for the office for which the
candidate is nominated, including the filing of statements of economic
interest.
(c)
All questions concerning This subsection applies to a petition
of nomination filed with the secretary of state. A statement
questioning the validity of a petition of nomination must be filed
with the election division under IC 3-8-1-2 not later than noon
seventy-four (74) days before the date on which the general or
municipal election will be held for the office. A statement
questioning the validity of a petition of nomination
filed with the
secretary of state shall be referred to and determined by the
commission.
(d)
All questions concerning This subsection applies to a petition
of nomination filed with a circuit court clerk. A statement
questioning the validity of a petition of nomination must be filed
with the county election board under IC 3-8-1-2 not later than
noon seventy (74) days before the date on which the general or
municipal election will be held for the office. A statement
questioning the validity of a petition of nomination
filed with a circuit
court clerk shall be referred to and determined by the county election
board.
(e) This subsection does not apply to a petition of nomination for
election to a school board office subject to IC 3-8-2-14. The
commission or a county election board shall rule on the validity of the
petition of nomination not later than noon sixty (60) days before the
date on which the general or municipal election will be held for the
office.
SOURCE: IC 3-9-1-5; (01)HB1195.1.8. -->
SECTION 8. IC 3-9-1-5, AS AMENDED BY P.L.26-2000,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 5. (a) This section does not apply to the following
candidates:
(1) A candidate for a local office for which the compensation is
less than five thousand dollars ($5,000) per year.
(2) A candidate for a school board office.
(b) Each candidate shall have a principal committee.
(c) Not later than:
(1) noon ten (10) days after becoming a candidate; or
(2) noon seven (7) days after the final date and hour for filing a:
(A) declaration of candidacy under IC 3-8-2;
(B) petition of nomination under IC 3-8-6;
(C) certificate of nomination under IC 3-8-7-8;
(D) certificate of candidate selection under IC 3-13-1 or
IC 3-13-2; or
(E) declaration of intent to be a write-in candidate under
IC 3-8-2;
whichever occurs first;
the A candidate shall file a written instrument designating the name of
the principal committee and the names of the chairman and treasurer
of the committee. The written instrument must be filed not later
than the earliest of the following:
(1) Noon ten (10) days after becoming a candidate.
(2) Noon seven (7) days after the final date and hour for filing
any of the following, whichever applies to the candidate:
(A) A declaration of candidacy under IC 3-8-2.
(B) A petition of nomination under IC 3-8-6.
(C) A certificate of nomination under IC 3-8-7-8.
(D) A certificate of candidate selection under IC 3-13-1 or
IC 3-13-2.
(E) A declaration of intent to be a write-in candidate under
IC 3-8-2.
(3) The date a candidate is required to file the candidate's first
campaign finance report under IC 3-9-5.
(d) This designation may be made on the same instrument as the
statement of organization required from the principal committee.
SOURCE: IC 3-9-5-9; (01)HB1195.1.9. -->
SECTION 9. IC 3-9-5-9 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 9. (a) Except as provided in
subsection subsections (b) and (c), in a year in which a candidate does
is not appear on an a candidate for election ballot for an to an office
to which this article applies or does not seek nomination at a caucus or
state convention for election to an office to which this article applies,
the treasurer of the candidate's committee shall file only the report
required by section 10 of this chapter.
(b) This subsection applies to a candidate who holds one (1) office
and is a candidate for a different office (or has filed a statement of
organization for an exploratory committee without indicating that the
individual is a candidate for a specific office). The treasurer of the
candidate's committee for the office the candidate holds shall file the
following reports:
(1) If the committee spends, transfers in, or transfers out at least
ten thousand dollars ($10,000) from January 1 until twenty-five
(25) days before the primary election, the treasurer shall file a
pre-primary report under section 6 of this chapter.
(2) If the committee spends, transfers in, or transfers out at least
ten thousand dollars ($10,000) from twenty-five (25) days before
the primary election until twenty-five (25) days before the general
election, the treasurer shall file a pre-general election report under
section 6 of this chapter.
(3) The report required under section 10 of this chapter.
(c) This subsection applies to a candidate who is required to file a
pre-primary report or pre-convention report under section 6 of this
chapter and who:
(1) is defeated at the primary election or convention; or
(2) withdraws or is disqualified as a candidate before the general
election.
The treasurer of a candidate's committee described by this subsection
is not required to file a pre-general election report under section 6 of
this chapter but shall file the report required by section 10 of this
chapter.
SOURCE: IC 3-10-1-24; (01)HB1195.1.10. -->
SECTION 10. IC 3-10-1-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 24. (a) A voter who
desires to vote must give the voter's name and political party to the poll
clerks of the precinct on primary election day. The poll clerks shall
require the voter to write the following on the poll list:
(1) The voter's name.
(2) The voter's current residence address.
(3) The name of the voter's party.
(b) The poll clerks shall:
(1) request the voter to provide the voter's voter identification
number;
(2) inform the voter what numbers the voter may use as a
voter identification number; and
(3) explain to the voter that the voter is not required to
provide a voter identification number at the polls.
(c) If the voter is unable to sign the voter's name, the voter must sign
the poll list by mark, which must be witnessed by one (1) of the poll
clerks or assistant poll clerks acting under IC 3-6-6, who shall place the
poll clerk's or assistant poll clerk's initials after or under the mark.
SOURCE: IC 3-10-1-31; (01)HB1195.1.11. -->
SECTION 11. IC 3-10-1-31 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 31. (a) The inspector
of each precinct shall deliver the bags required by section 30(a) and
30(c) of this chapter in good condition, together with poll lists, tally
sheets, and other forms, to the circuit court clerk when making returns.
(b) Except for unused ballots disposed of under IC 3-11-3-31, the
circuit court clerk shall carefully preserve the ballots and other material
and keep all seals intact for twenty-two (22) months, as required by 42
U.S.C. 1974, after which they may be destroyed unless:
(1) an order issued under IC 3-12-6-19 or IC 3-12-11-16; or
(2) 42 U.S.C. 1973;
requires the continued preservation of the ballots or other material.
(c) Upon delivery of the poll lists, the circuit court clerk or board of
registration may unseal the envelopes containing the poll lists. For the
purposes of:
(1) a cancellation of registration conducted under IC 3-7-43
through IC 3-7-46; or
(2) a transfer of registration conducted under IC 3-7-39,
IC 3-7-40, or IC 3-7-42;
the clerk or board may inspect the poll lists and update the registration
record of the county. The clerk or board shall use the poll lists to
update the registration record to include the voter's voter
identification number if the voter identification number is not
already included in the registration record. Upon completion of the
inspection, the poll list shall be resealed and preserved with the ballots
and other materials for the time period prescribed by subsection (b).
(d) After the expiration of the period described in subsection (b), the
ballots may be destroyed in the manner provided by IC 3-11-3-31 or
transferred to a state educational institution as provided by
IC 3-12-2-12.
SOURCE: IC 3-11-3-18; (01)HB1195.1.12. -->
SECTION 12. IC 3-11-3-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 18. (a) At the extreme
top of a poll list sheet the heading "VOTERS POLL LIST" should
appear, followed by the following information:
(1) The type of election.
(2) The date of the election.
(3) The name of the precinct, township (or ward), and county.
(b) Following the information required in subsection (a), the
following headings should appear from left to right on each sheet:
(1) "Signature of Voter".
(2) "Address of Voter".
(3) "Voter Identification Number (Optional)".
(4) "If any voter shows his or her ballot after being marked, or by
accident mutilates or defaces his or her ballot, note it in this
column. Also note any other irregularity in this column.".
SOURCE: IC 3-11-8-25; (01)HB1195.1.13. -->
SECTION 13. IC 3-11-8-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 25. (a) After a voter has
passed the challengers or has been sworn in, the voter shall be admitted
to the polls. Upon entering the polls, the voter shall announce the
voter's name to the poll clerks or assistant poll clerks. A poll clerk, an
assistant poll clerk, or a member of the precinct election board shall
require the voter to
sign write the following on the poll list:
(1) The voter's name.
and
(2) The voter's current
residence address.
of residence.
(b)
The poll clerk, an assistant poll clerk, or a member of the
precinct election board shall:
(1) request the voter to provide the voter's voter identification
number;
(2) inform the voter what numbers the voter may use as a
voter identification number; and
(3) explain to the voter that the voter is not required to
provide a voter identification number at the polls.
(c) This subsection does not apply to a precinct in a county with a
computerized registration system whose inspector was:
(1) furnished with a list certified under IC 3-7-29; and
(2) not furnished with a certified photocopy of the signature on
the affidavit of registration of each voter of the precinct for the
comparison of signatures under this section.
In case of doubt concerning a voter's identity, the precinct election
board shall compare the voter's signature with the signature on the
affidavit of registration or any certified copy of the signature provided
under IC 3-7-29. If the board determines that the voter's signature is
authentic, the voter may then vote. If either poll clerk doubts the voter's
identity following comparison of the signatures the poll clerk shall
challenge the voter in the manner prescribed by section 21 of this
chapter.
(c) (d) If, in a precinct governed by subsection (b): (c):
(1) the poll clerk does not execute a challenger's affidavit; or
(2) the voter executes a challenged voter's affidavit under section
22 of this chapter or had executed the affidavit before signing the
poll list;
the voter may then vote.
SOURCE: IC 3-11-8-26; (01)HB1195.1.14. -->
SECTION 14. IC 3-11-8-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 26. (a) If a voter:
(1) cannot sign; or
(2) is a voter with a disability that makes it difficult for the voter
to sign;
the voter's name and address, the poll clerks shall, by proper
interrogation, satisfy themselves that the voter is the person the voter
represents the voter to be.
(b) If satisfied as to the voter's identity under subsection (a), one
(1) of the poll clerks shall then place the following on the poll list:
(1) The voter's name. of the voter and
(2) The voter's current residence address. of residence.
(c) The poll clerks shall:
(1) request the voter to provide the voter's voter identification
number;
(2) inform the voter what numbers the voter may use as a
voter identification number; and
(3) explain to the voter that the voter is not required to
provide a voter identification number at the polls.
(d) The poll clerk shall then add the clerk's initials in parentheses,
after or under the signature. The voter then may vote.
SOURCE: IC 3-11-13-21; (01)HB1195.1.15. -->
SECTION 15. IC 3-11-13-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 21. In a primary
election, the ballot cards of each political party must be distinctively
marked or be of a different color or tint so that the ballot cards of each
party are easily distinguishable.
SOURCE: IC 3-12-4-13; (01)HB1195.1.16. -->
SECTION 16. IC 3-12-4-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 13. After the county
election board has tabulated the vote:
(1) the canvass sheets used by the board; and
(2) the certificates, poll lists, and tally papers returned by each
inspector in the county;
shall be delivered to the circuit court clerk. The clerk shall file and
preserve all the material in the clerk's office open to inspection by any
voter. as provided in IC 3-10-1-31.
SOURCE: IC 3-13-1-16.5; (01)HB1195.1.17. -->
SECTION 17. IC 3-13-1-16.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 16.5. (a) This
subsection applies to a certificate of candidate selection filed with
the election division. A statement questioning the validity of a
certificate of candidate selection must be filed with the election
division under IC 3-8-1-2 not later than noon seventy-four (74)
days before the date on which the general or municipal election will
be held for the office. All questions concerning the validity of a
certificate of candidate selection filed with the election division shall
be determined by the commission.
(b) This subsection applies to a certificate of candidate selection
filed with a circuit court clerk. A statement questioning the validity
of a certificate of candidate selection must be filed with the county
election board under IC 3-8-1-2 not later than noon seventy-four
(74) days before the date on which the general or municipal
election will be held for the office. All questions concerning the
validity of a certificate of candidate selection filed with a circuit court
clerk shall be referred to and determined by the county election board.
(c) The commission or a county election board shall rule on the
validity of the certificate of candidate selection not later than noon
October 1 following the filing of the certificate. sixty (60) days before
the date on which the general or municipal election will be held for
the office.
SOURCE: IC 3-13-2-11; (01)HB1195.1.18. -->
SECTION 18. IC 3-13-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 11. (a)
This subsection
applies to a certificate of candidate selection filed with the election
division. A statement questioning the validity of a certificate of
candidate selection must be filed with the election division under
IC 3-8-1-2 not later than noon fourteen (14) days before general
election day. All questions concerning the validity of a certificate of
candidate selection
filed with the election division shall be determined
by the commission.
(b)
This subsection applies to a certificate of candidate selection
filed with a circuit court clerk. A statement questioning the validity
of a certificate of candidate selection must be filed with the county
election board under IC 3-8-1-2 not later than noon fourteen (14)
days before general election day. All questions concerning the
validity of a certificate of candidate selection
filed with a circuit court
clerk shall be determined by the county election board.
(c) The commission or a county election board shall rule on the
validity of the certificate of candidate selection not later than noon
seven (7) days before general election day.
SOURCE: IC 3-13-11-9; (01)HB1195.1.19. -->
SECTION 19. IC 3-13-11-9, AS AMENDED BY P.L.26-2000,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 9. (a) Except as provided in this section, voting by
proxy is not permitted in a caucus held under this chapter.
(b) A precinct vice committeeman is entitled to participate in a
caucus held under this chapter and vote as a proxy for the vice
committeeman's precinct committeeman if all of the following apply:
(1) The vice committeeman's precinct committeeman is otherwise
eligible to participate in the caucus under this chapter. This
subdivision is satisfied if the vacancy to be filled under this
chapter resulted from the death of an individual holding a local
office who also served as a precinct committeeman.
(2) The vice committeeman's precinct committeeman is not
present at the caucus.
(3) The vice committeeman is eligible under this section.
(c) The vice committeeman of an elected precinct committeeman is
eligible to participate in a caucus held under this chapter and vote the
precinct committeeman's proxy, regardless of when the
ballot vacancy
occurred, if the vice committeeman was the vice committeeman five
(5) days before the date of the caucus.
(d) If a vice committeeman is not eligible under subsection (c), the
vice committeeman is eligible to participate in a caucus held under this
chapter and vote the precinct committeeman's proxy only if the vice
committeeman was the vice committeeman thirty (30) days before the
ballot vacancy occurred.